The laws in Newark and throughout New Jersey place restrictions on an injured worker’s right to sue. These rules often affect construction workers and contractors, making it harder for injury victims to get full compensation for their injuries.
It is often vital to your case that you work with an experienced attorney who can help you target your lawsuit against the right parties to maximize the damages you claim. We can also fight to hold employers responsible for injuries under certain legal exceptions that can help you sue your employer despite restrictions.
For a free case review on your injury claim, contact our construction accident and injury lawyers by calling Legal Care New Jersey today at (732) 838-9769.
When Can Injured Construction Workers Sue for Injuries in Newark, NJ?
After an accident, you can typically sue the at-fault party. In many construction accident cases, the employer’s mistakes could be what caused the victim’s injuries, so it would follow that you should be entitled to sue your employer. Unfortunately, many construction workers are covered by Workers’ Compensation, which restricts their right to sue their employer.
Under N.J.S.A. § 34:15-8, workers covered by Workers’ Compensation insurance cannot sue their employer for injuries.
Suing Third Parties
Our construction accident and injury lawyers can always help you sue in a case filed against some party other than your employer. For example, we can help injured roadside construction workers sue a driver who hit them, or we can help construction workers injured by defective power tools sue the manufacturer for their injuries. However, lawsuits against an employer are restricted.
Classification of “Independent Contractors”
Many contractors might look at these rules and expect that, as a contractor, you should not be beholden to the restrictions for “employees.” However, NJ law does not look at factors dealing with how your boss controls the time, place, and manner of your employment instead of looking at the title you hold. Because of this, many contractors and other “independent contractors” are actually treated as “employees” for insurance purposes, and they cannot sue their “employer.”
If, however, you are properly classified as an independent contractor, you are excepted from these rules and might be able to sue directly for a workplace injury.
Exceptions to Sue an Employer
If all other avenues are blocked and you have to go after your employer for compensation, there are exceptions that allow you to sue your employer under some circumstances.
First, you can sue an employer who fails to carry Workers’ Compensation coverage for you. If you are not able to make an insurance claim because they failed to cover you, then you are allowed to sue instead.
Second, you can sue in cases of “intentional wrongs.” N.J.S.A. 34:15-8 specifically states that the restriction on lawsuits does not apply for “intentional wrong[s],” which courts have interpreted to include assault and battery as well as other serious mistakes. If the injury was caused by something that the employer knew was dangerous, then it might fall into this exception and allow you to sue them.
Damages for Injured Construction Workers in Newark, NJ
When you sue for an injury, you can recover compensation for any harms that sprung from the accident. This can include things like medical bills and other expenses, but it can also include the wages and other earnings you lost because of the accident. That means past lost wages as well as ongoing lost wages. You can also include damages for pain and suffering and other “non-economic” damages when you file a lawsuit.
If you are limited to filing through Workers’ Compensation, some of these damages will be blocked. This insurance only pays for medical bills under certain circumstances, and it pays only a portion of lost wages. Pain and suffering damages are blocked entirely.
Because of these restrictions, it is important to work with a lawyer to file a lawsuit. If you can file your case against a third party or find a relevant exception to sue your employer for your construction accident, then you might be able to receive higher payouts.
Common Construction Accidents and Injuries in Newark, NJ
Construction workers – and even passersby who live or travel near a construction site – can be injured in many different types of accidents. Our lawyers can help you with any of the following, as well as other accident types not listed here:
Falls
Falls from heights, slip and fall accidents, and trip and fall accidents are some of the most common ways people are injured on a construction site. Broken or unsafe ladders or scaffolding are one of the primary causes of these accidents, but some injuries are caused by coworkers horsing around or problems following safety regulations on a construction site.
Vehicle Accidents
Accidents involving roadside crews are surprisingly common and can often be blamed on the driver who caused the crash. Additionally, your employer might share liability if they failed to put up protective barriers.
Accidents involving dump trucks, backhoes, bulldozers, and other construction vehicles can also result in serious injuries to the driver or construction workers on the ground.
Crane Accidents
Many construction products require the use of cranes for demolition or for moving heavy equipment and building materials. Accidents involving cranes can be catastrophic and leave victims with long-term injuries. Even on smaller sites, boom lifts (a.k.a. cherry pickers or basket cranes) and forklifts can cause serious injuries as well.
Electrocution
If the power is turned on at a job site without warning, construction workers can be seriously injured. Electricians can also be seriously injured in their line of work. Electrocution is one of the most common injuries people face at work.
Lifting and Carrying Injuries
If you are forced to lift or carry heavy items without help because of poor site management or issues with staffing enough workers, you could receive compensation for your injuries.
Equipment Malfunctions
Malfunctioning or defective safety gear, power tools, or other equipment could lead to serious injuries. These cases often involve lawsuits against the party who supplied or manufactured the defective gear.
Contact Our Newark, NJ Construction Accident and Injury Attorneys Today
Call (732) 838-9769 for a free case analysis with the construction accident and injury lawyers from Legal Care New Jersey.
